Miguel Chamorro | Fuerst Ittle David & Joseph Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In Various Insurers, Reinsurers and Retrocessionaires v. General Electric International, Inc., 2025 WL 837869 (11th Cir. Mar.… Continue reading Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement
Tag: Arbitration Agreement
“Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
Jared W. Slater | Ervin Cohen & Jessup In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was “prejudice” to the party resisting arbitration. In other words, the courts were obligated… Continue reading “Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Michael Vincent and Steven Lindemann | Stinson Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even the undisputed existence of an arbitration agreement does not compel dismissal of a lawsuit. In one… Continue reading U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements
Written Arbitration Agreements Can be Enforced Even if Not Signed
Mark Rodio | Frantz Ward It is a well-known general rule that a court cannot compel parties to arbitrate disputes that they have not agreed in writing to arbitrate.[1] “Indeed, when a party resisting arbitration is not a signatory to an arbitration agreement, a presumption against arbitration arises.” Peters v. Columbus Steel Castings Co., Tenth Dist. No.… Continue reading Written Arbitration Agreements Can be Enforced Even if Not Signed